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<h1><a href="https://archiveofourown.org/works/25905466">The Notes of Pillory Watcham</a> by <a class='authorlink' href='https://archiveofourown.org/users/orbitium/pseuds/orbitium'>orbitium</a></h1>

<table class="full">

<tr><td><b>Category:</b></td><td>Harry Potter - J. K. Rowling</td></tr>

<tr><td><b>Genre:</b></td><td>Epistolary, Ministry of Magic (Harry Potter), Other, Wizarding Law</td></tr>

<tr><td><b>Language:</b></td><td>English</td></tr>

<tr><td><b>Status:</b></td><td>Completed</td></tr>

<tr><td><b>Published:</b></td><td>2020-08-19</td></tr>

<tr><td><b>Updated:</b></td><td>2020-08-19</td></tr>

<tr><td><b>Packaged:</b></td><td>2021-05-05 12:56:00</td></tr>

<tr><td><b>Rating:</b></td><td>General Audiences</td></tr>

<tr><td><b>Warnings:</b></td><td>No Archive Warnings Apply</td></tr>

<tr><td><b>Chapters:</b></td><td>1</td></tr>

<tr><td><b>Words:</b></td><td>2,023</td></tr>

<tr><td><b>Publisher:</b></td><td>archiveofourown.org</td></tr>

<tr><td><b>Story URL:</b></td><td>https://archiveofourown.org/works/25905466</td></tr>

<tr><td><b>Author URL:</b></td><td>https://archiveofourown.org/users/orbitium/pseuds/orbitium</td></tr>

<tr><td><b>Summary:</b></td><td><div class="userstuff">
              <p>Or, why rules against underage magic tend to affect Muggleborns more than anyone else.</p>
            </div></td></tr>

<tr><td><b>Kudos:</b></td><td>4</td></tr>

</table>

<a name="section0001"><h2>The Notes of Pillory Watcham</h2></a>
<div class="story"><div class="userstuff module">
    
    
<p></p><div class="alice"><p><i>Be it enacted by this Assembly of Wizardkind, under the auspices of our most numinous <span class="highlight">Heritage</span>, and pursuant to the duties of stewardship entrusted to this Assembly by the People of Brittania, the following</i><span class="margin-note">“Heritage”—code word for blood supremacy more like</span>
</p>
<p></p><div class="center"><p class="small-caps">
Decree for the Reasonable Restriction of Underage Sorcery,
</p></div><p>
A DECREE to provide a universal standard of regulation, enforcement,
liability, and legal process for the practice of magic by minor
persons.
</p>
<dl class="org-dl">
<dt> A. Purpose </dt>
<dd>The strictures of the International Statute of
Wizarding Secrecy require a practice in which 
<span class="margin-note">Wizards are such isolationists.</span>
“each
shire's wealth in magick be guarded as each
household's wealth in coin—by walls beshielded, and
shewn but sparingly abroad.” As the fates of all
wizardkind are bound together by our co-operation in
Secrecy; as underage magic poses overwhelming risk to
its continued integrity; and as effective application
of this policy depends on centralizing authority
heretofore granted to the discretion of individual
townships, and by granting additional authority with
respect to the practice of underage sorcery
throughout the realm, there is hereby created a
<span class="margin-note">never heard of it</span>
commission to be known as the <span class="highlight">"Registrar of Wandwork"</span>
which shall be constituted within the Improper Use of
Magic Office as hereinafter provided, and which shall
execute and enforce the provisions of this Decree.
</dd>
</dl><p class="small-caps">
PART I: REGULATION OF UNDERAGE SPELLWORK
</p>
<dl class="org-dl">
<dt> B. Prohibition </dt>
<dd>No person below the age of majority shall employ
their magic<span class="highlight"> toward any end</span>, except:
<span class="margin-note">Wait so children are basically never allowed to use magic at home? That's obviously not how it works in real life.</span>
<ol class="org-ol">
<li>If the person is an emancipated minor;
</li>

<li>If the magic is remedial, necessary for the caster's continued
life and vital functions, as declared by a Healer and authorized
by the Registrar of Wandwork.
</li>

<li>If the person is living in or near a wild territory, having
applied for and been granted a limited exception;
</li>

<li>If the person is within educational purview.
</li>
</ol>

<p>
These exceptions are detailed in Paragraph E, below.
</p>

<p>
These exceptions nonwithstanding, all extant laws governing improper
                  use of magic shall retain their full force; these
                  laws particularly include the Statute of Secrecy,
                  the Duelling Code, and the Accord on Unforgivable
                  Curses.
</p>

<p>
This Decree shall apply to the citizenry of <span class="highlight">Brittania</span>,
whether
                  domestic or abroad, and to people of any origin,
                  traveling, residing, or translocating within its
                  borders.
</p>
<span class="margin-note">oh, right, wizard countries have different borders and govts than Muggle ones</span>

<p>
It shall not apply to other, non-spellwork, forms of exposure to
nonmagic persons, such as mishandling of magical creatures or
artifacts, or exhibition through uncustomary garments.
</p>

<p>
This Decree shall become effective as the sun rises on the first
<span class="margin-note">lenten moon—astrologically signif.?</span>
full moon of spring, the twenty-second of March, eighteen
seventy-five; violations shall then be prosecuted and liability
established by legal process set forth in Paragraph C, below.
</p>
</dd>
</dl><dl class="org-dl">
<dt> C. Prosecution and Punishment of Offences </dt>
<dd>     The Registrar of Wandwork shall be empowered to seek remedy for
violations of this Decree. All other authorities heretofore
delegated to local jurisdictions for the regulation of underage
magic are hereby rescinded.

<p>
Claims of offence against this Decree shall be adjudicated
through a special magisterial process as defined herein. In cases
involving multiple claims, those pertaining to this Decree shall
be adjudicated through said process separately from all other
claims.
</p>

<p>
If an initial finding of fact should establish that the magic in
question be worked by a minor  <span class="highlight">below wand-bearing age</span>, then
<span class="margin-note">got it. too young for a wand = not illegal</span>
liability for wrongdoing shall by default fall to those acting as
the minor's guardian, and the Registrar of Wandwork may bring
suit against them according to the International Statute of
Secrecy provisions for Infant Magic and Fits of Onset.
</p>

<p>
Otherwise, establishing a violation of this Decree shall depend
on a demonstration that magic was worked by a minor of
wandbearing age, as modulated by the following factors:
</p>
<ol class="org-ol">
<li>actual degree of exposure—the extent to which the character and
circumstances of the working exposed it to the magicless peoples,
</li>
<li>subjective risk of exposure—the degree to which the working, by
virtue of its character and the totality of circumstances in
which it was worked, risked exposure to the magicless peoples
</li>
<li>breach of domain—the objective fact as to whether the magic was
worked outside a recognized wizarding district, foreign or
domestic,
</li>

<li>degree of mindfulness—whether the caster's behavior willfully
or recklessly risked exposure, and whether it was premediated or
an act of sudden passion,
</li>
<li>degree of malice—the extent to which the caster in working
their magic caused, or intended to cause, mischief, bodily harm,
mental distress, material damages, or civil disorder, whether
among wizardkind or nonmagic peoples,
</li>
<li>repeated commission—the degree to which the caster previously
violated this Decree, and
</li>
<li>
<span class="margin-note">too bad for the non-human people i guess!!</span>
moral exigency—the extent to which the working was a reasonable and
appropriate measure directed to preserve the life or vital
functions of particular  <span class="highlight">human beings</span>.
</li>
</ol>

<p>
These factors shall be determined by a detatched and impartial
  magistrate, having no connection or special allegiance to the
  executive offices of the Ministry; the local jurisdiction shall
  select the magistrate according to custom of the locality where
  the supposed offence occured, if within a single jurisdiction of
  Brittania, or else–if abroad, if in multiple jurisdictions, if
  both foreign and domestic, if location is unknown, uncertain, or
  ambiguous, etc.—shall select either the Hectatic Courts or the
  Wizengamot, as appropriate.
</p>

<p>
Henceforth, the fact that magic was worked by a minor of
wandbearing age shall be established by, and only by, one of the
following evidential standards:
</p>
<ol class="org-ol">
<li>Testimony of the Tracework set forth in Paragraph D, below.
<span class="margin-note">i don't get it</span>
 It
is sufficient to show that a wand detects (a) magic in the form
of spellwork, (b) in the presence of an underage spellcaster,
which cannot otherwise be explained by (c) the presence of adult
spellcasters in the area.

<p>
To allow for general adoption of the Tracework, this evidentiary
procedure may only be used six months after the day this Decree
becomes active.
</p>
</li>

<li>Testimony of two adult spellcasters who bore witness to the
<span class="margin-note">ok how could you ever get this much evidence?</span>
underage person working the spell in question, along with (a)
one or more additional adult spellcaster eyewitnesses, or (b) a
certified Interlocutor who can convey and affirm the eyewitness
testimony of nonmagical person(s) to the spellwork and underage
person.
</li>
</ol>


</dd>
</dl><p>
Henceforth, the fact that (underage) magic was worked <i>in the
presence of nonmagical persons</i> shall be established by, and only
by, one of the following evidential standards:
</p>
<ol class="org-ol">
<li>Testimony of the Tracework set forth in Paragraph D, below. It
is sufficient to show that a wand detects (a) magic in the form
of spellwork, (b) in the presence of an underage spellcaster,
which cannot otherwise be explained by (c) the presence of adult
spellcasters in the area, and which occurred (d) in the presence
of one or more nonmagical persons of any age.

<p>
To allow for general adoption of the Tracework, this evidentiary
procedure may only be used six months after the day this Decree
becomes active.
</p>
</li>

<li>Testimony of two adult spellcasters who bore witness to the
underage person working the spell in question and who can affirm
<span class="margin-note">...also why aren't Muggles allowed to speak for themselves? honestly.</span>
the presence of nonmagical persons, along with (a) one or more
additional adult spellcaster eyewitnesses, or (b) a certified <span class="highlight">
Interlocutor</span> who can convey and affirm the eyewitness testimony
of nonmagical person(s) to the spellwork.
</li>
</ol><p>
A uniform evidentiary standard for establishing that magic was
worked by a minor of wandbearing age is hereby enacted.
</p><p class="small-caps">
PART II: RECORDKEEPING FOR WAND OWNERSHIP
</p>
<dl class="org-dl">
<dt> D. Recordkeeping Duties </dt>
<dd>     To promote the continued safety of the people of Brittania and
wizardkind throughout the world, and to employ an efficient and
uniform standard of justice, the Registrar of Wandwork is hereby
authorized and enjoined to promulgate a Limning Enchantment
("Tracework") by which any wand so enchanted will report certain
<span class="margin-note">the Trace</span>
intelligence about the presence and nature of magic in its
vicinity, as elaborated herein.  A wand which has an improper or
missing Tracework shall be deemed Unregistered.

<p>
 The function of the Tracework shall be to collect and provide
intelligence concerning the immediate vicinity of the wand
("within wandsight"). Such intelligence shall comprise:
<span class="margin-note">wait what. so our wands are spying on us??</span>
</p>
<ol class="org-ol">
<li>The presence, magnitude, character, and (when countable)
number of magical phenomena within wandsight.
</li>
<li>The presence of human beings, wizardkind or otherwise, and
</li>
<li>Whether those human beings are above or below the age of
majority.
</li>
</ol>

<p>
As mandated by the Intimacy and Seclusion Act, the Tracework
shall never detect or record the particular spells cast by any
wand.
</p>

<p>
In this way, the Tracework provides a gold-standard instrumental
test for the performance of underage magic.<span class="margin-note">omg that can't be how it really works.</span>
</p>
</dd>
</dl><p>
Henceforth, the Registrar of Wandwork is authorized and enjoined
to regulate the crafting of wands by issuing Licenses of
Wandmaking to wandmakers residing or conducting trade in
Brittania; and to conduct regular inspections of wandmaker
compliance with licensing terms, including proper application of
Tracework; and to unilaterally suspend or rescind such Licenses
in the case of misconduct. Six months from the day this Decree
comes into effect, such licenses shall be required for the making
and trading of wands in Brittania.
</p><p>
Henceforth, all British-made wands must be enchanted with the
<span class="margin-note">new wands are tracked!</span>
Tracework upon their completion and before they change hands or
are employed for purposes beyond routine quality testing; and
within three days of their completion ("grace
period"). Infractions may be punished by imprisonment, loss of
license, and fines of up to ₲80 per infraction.
</p><p>
Henceforth, except for the grace period for wandmakers in the
preceding paragraph, any person in Brittania, and any British
citizen, who knowingly or unknowingly possesses an Unregistered
wand crafted after this Decree comes into effect, shall be guilty
of Contempt and subject to persecution through the High Betrayals
schedule of the International Statute of Secrecy and to penalties
including expulsion, exile, imprisonment, forfeiture of title,
loss of certificate of exclusion, and fines of up to ₲80 per
infraction.
<span class="margin-note">require all wands to spy on the people and magic in the vicinity (!!!)</span>
</p><p>
The Registrar of Wandwork is hereby authorized to conduct a
thorough Census, recording the name, clan, and place of residence
of each wandbearer in Brittania, along with the make, artificer,
and owner of each wand in their possession, and to ensure that
each extant wand is properly enchanted with the Tracework. Such a
census must be completed within six months from the day this
Decree becomes active. For the purpose of conducting a census,
the Registrar of Wandwork may appoint officers with delegated
authority to conduct such a census.
</p>
<p></p><div class="end-note"><p>This makes a perfectly terrible kind of sense. Wizards are <span class="u">never</span> without their wands; it's basically unthinkable, so you can just track all magic users by putting tracking magic on their wands. Then the Ministry always knows how many people and how many magic users and how many children and how many spells are nearby each wizard's wand. 
</p><p>I thought the Trace only affected underage magic users, but really it's on everyone's wands—it just <span class="u">reports</span> the underage magic.
</p><p>
So you just declare that underage magic happens whenever anyone's wand detects “ an underage magic user, a spell, and no other adult magic users in the area” and you can also tell if there are any Muggles around because the Trace detects human beings.  Of course, this only detects when an underage magic user casts a spell on their own with no other wizards around. Guess who that's designed to control? 
</p><p>
Yeah they make the Trace basically automatic, and then all the wizarding children can cast as much magic as they want because the Trace can't tell who casts magic, and so they have plausible deniability. But Muggleborns don't have that deniability, and they'll get in trouble for it.  The other way of proving underage magic needs so many eyewitnesses that I bet it never comes up.  I bet they designed it that way on purpose. We're always at the bottom of the pecking order. 
</p><p>
 I've just got to do something about this.
</p></div></div>
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